(1) The driver of a vehicle must not carry in the vehicle any more than the number of passengers, including standing passengers—
(a) specified in the licence for that vehicle; or
(b) in the case of a public passenger vehicle operated by an accredited person, the number of passengers, including standing passengers, specified by a licensed tester for that type of vehicle.
(2) For the purposes of sub-regulation (1)—
(a) a child under the age of 5 years who is being held on the lap of a passenger is not to be counted as a passenger; and
(b) if 3 or more children 5 years of age or more and under 12 years of age are seated in the vehicle, each third child is not to be counted as a passenger.